Legislation Act 2003

The responsible person for a registered Act, legislative instrument or notifiable instrument must give notice to the First Parliamentary Counsel of the occurrence of any of the following events in relation to the Act or instrument:

an event resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument);

a discretionary compilation event for the Act or instrument;

an event resulting in the Act or instrument (or a provision of the Act or instrument) being repealed, lapsing, expiring or otherwise ceasing to be in force;

an event resulting in the Act or instrument, or a provision of the Act or instrument, being (or being declared by a court or tribunal to be) invalid or unenforceable;

the responsible person’s becoming aware of:

an error in the Register to which subsection 15D(1) (Federal Register of Legislation—rectification of Register) may apply; or

any other error in the Register;

another event prescribed by the rules.

If a registered legislative instrument is expressed to commence when a particular treaty comes into force for Australia, paragraph (1)(a) would require the responsible person for the instrument to notify the First Parliamentary Counsel when the treaty comes into force.

However, subsection (1) does not require the responsible person to give notice to the First Parliamentary Counsel of any of the following events in relation to a registered Act or instrument:

the occurrence of a day or time specified in the Act or instrument, or the making of a commencement instrument, resulting in, or otherwise affecting, the commencement of the Act or instrument (or a provision of the Act or instrument);

a required compilation event for the Act or instrument;

for a disallowable legislative instrument—the disallowance of:

the instrument (or a provision of the instrument); or

another legislative instrument (or a provision of another legislative instrument) that amends the instrument;

for a legislative instrument or notifiable instrument—the amendment or repeal of the instrument by:

the operation of Part 3 of Chapter 3 (repeal of spent instruments or provisions); or

the operation of Part 4 of Chapter 3 (sunsetting of legislative instruments);

another event prescribed by the rules.